Legal Opinion
Cooper v. Kaplan
Appellate Division of the Supreme Court of the State of New York
Decided July 17, 1990PublishedCited by 4 opinions
1Opinion of the Court
Order of the Supreme Court, New York County (Helen E. Freedman, J.), entered on or about April 12, 1989, which granted defendant’s motion for summary judgment dismissing the complaint, affirmed, without costs.
In this medical malpractice action, plaintiff seeks to avoid the 2 Vi-year Statute of Limitations period (CPLR 214-a) by invoking the doctrine of continuous treatment. (See, Borgia v City of New York, 12 NY2d 151 [1962].) The doctrine of continuous treatment, however, is inapplicable to toll the Statute of Limitations in this case.
Defendant, a physician, prescribed Ortho-Novum 135 birth…
2Cases cited4 opinions
- Borgia v. City of New YorkNew York Court of Appeals · 1962
- Richardson v. OrentreichNew York Court of Appeals · 1985
- Parrott v. RandAppellate Division of the Supreme Court of the State of New York · 1987
- Richardson v. OrentreichAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by4 opinions
- Sanchez v. OrozcoAppellate Division of the Supreme Court of the State of New York · 1991
- Blaier v. CramerAppellate Division of the Supreme Court of the State of New York · 2003
- Logan-Baldwin v. MorningstarAppellate Division of the Supreme Court of the State of New York · 1992
- Caraballo v. New York Presbyt. Hosp./Weill Cornell Med. Ctr.Appellate Division of the Supreme Court of the State of New York · 2021